Common use of Consequences of Breach Clause in Contracts

Consequences of Breach. Without prejudice to any rights that may be available to the Principal/Owner under law or the Contract or its established policies and laid down procedures, the Principal/Owner shall have the following rights in case of breach of this Integrity Pact by the Tenderer(s)/Contractor(s) and the Tenderer/ Contractor accepts and undertakes to respect and uphold the Principal/Owner’s absolute right: 1) If the Tenderer(s)/Contractor(s), either before award or during execution of Contract has committed a transgression through a violation of Article 2 above or in any other form, such as to put his reliability or credibility in question, the Principal/Owner after giving 14 days notice to the contractor shall have powers to disqualify the Tenderer(s)/ Contractor(s) from the Tender process or INTEGRITYPACT terminate/determine the Contract, if already executed or exclude the Tenderer/Contractor from future contract award processes. The imposition and duration of the exclusion will be determined by the severity of transgression and determined by the Principal/Owner. Such exclusion may be forever or for a limited period as decided by the Principal/Owner. 2) Forfeiture of EMD/Performance Guarantee/Security Deposit: If the Principal/Owner has disqualified the Tenderer(s) from the Tender process prior to the award of the Contract or terminated/determined the Contract or has accrued the right to terminate/determine the Contract according to Article 3(1), the Principal/Owner apart from exercising any legal rights that may have accrued to the Principal/Owner, may in its considered opinion forfeit the entire amount of Xxxxxxx Money Deposit, Performance Guarantee and Security Deposit of the Tenderer/Contractor.

Appears in 5 contracts

Samples: Annual Maintenance Contract, Annual Operation & Maintenance Contract, Annual Maintenance Contract

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Consequences of Breach. Without prejudice to any rights that may be available to the Principal/Owner under law or the Contract or its established policies and laid down procedures, the Principal/Owner shall have the following rights in case of breach of this Integrity Pact by the Tenderer(s)/Contractor(s) and the Tenderer/ Contractor accepts and undertakes to respect and uphold the Principal/Owner’s absolute right: 1) If the Tenderer(s)/Contractor(s), either before award or during execution of Contract has committed a transgression through a violation of Article 2 above or in any other form, such as to put his reliability or credibility in question, the Principal/Owner after giving 14 days notice to the contractor shall have powers to disqualify the Tenderer(s)/ Contractor(s) from the Tender process or INTEGRITYPACT INTEGRITY PACT terminate/determine the Contract, if already executed or exclude the Tenderer/Contractor from future contract award processes. The imposition and duration of the exclusion will be determined by the severity of transgression and determined by the Principal/Owner. Such exclusion may be forever or for a limited period as decided by the Principal/Owner. 2) Forfeiture of EMD/Performance Guarantee/Security Deposit: If the Principal/Owner has disqualified the Tenderer(s) from the Tender process prior to the award of the Contract or terminated/determined the Contract or has accrued the right to terminate/determine the Contract according to Article 3(1), the Principal/Owner apart from exercising any legal rights that may have accrued to the Principal/Owner, may in its considered opinion forfeit the entire amount of Xxxxxxx Money Deposit, Performance Guarantee and Security Deposit of the Tenderer/Contractor.

Appears in 3 contracts

Samples: Annual Operation & Maintenance Contract, Annual Operation & Maintenance Contract, Annual Operation & Maintenance Contract

Consequences of Breach. Without prejudice to any rights that may be available to the Principal/Owner under law or the Contract or its established policies and laid down procedures, the Principal/Owner shall have the following rights in case of breach of this Integrity Pact by the Tenderer(s)/Contractor(sBidder(s)/ Contractor(s) and the Tenderer/ Bidder/ Contractor accepts and undertakes to respect and uphold the Principal/Owner’s absolute right: 1) If the Tenderer(s)/Contractor(sBidder(s)/ Contractor(s), either before award or during execution of Contract has committed a transgression through a violation of Article 2 above or in any other form, such as to put his reliability or credibility in question, the Principal/Owner after giving 14 days notice to the contractor shall have powers to disqualify the Tenderer(s)/ Contractor(sBidder(s)/Contractor(s) from the Tender process or INTEGRITYPACT terminate/determine the Contract, if already executed or exclude the TendererBidder/Contractor from future contract award processes. The imposition and duration of the exclusion will be determined by the severity of transgression and determined by the Principal/Owner. Such exclusion may be forever or for a limited period as decided by the Principal/Owner. 2) Forfeiture of EMD/Performance Guarantee/Security Deposit: If the Principal/Principal/ Owner has disqualified the Tenderer(sBidder(s) from the Tender process prior to the award of the Contract or terminated/determined the Contract or has accrued the right to terminate/determine the Contract according to Article 3(1), the Principal/Owner apart from exercising any legal rights that may have accrued to the Principal/Owner, may in its considered opinion forfeit the entire amount of Xxxxxxx Money Deposit, Performance Guarantee and Security Deposit of the TendererBidder/Contractor.

Appears in 3 contracts

Samples: Integrity Agreement, Integrity Agreement, Integrity Agreement

Consequences of Breach. Without prejudice to any rights that may be available to the Principal/Owner Principal /Owner under law or the Contract or its established policies and laid down procedures, the Principal/Owner shall have the following rights in case of breach of this Integrity Pact by the Tenderer(s)/Contractor(sBidder(s)/Contractor(s) and the Tenderer/ Bidder/ Contractor accepts and undertakes to respect and uphold the Principal/Owner’s absolute right: 1) If the Tenderer(s)/Contractor(sBidder(s)/Contractor(s), either before award or during execution of Contract has committed a transgression through a violation of Article 2 above or in any other form, such as suchas to put his reliability or credibility in question, the Principal/Owner after giving 14 days days’ notice to the contractor shall have powers to disqualify the Tenderer(s)/ Contractor(sBidder(s)/Contractor(s) from the Tender process or INTEGRITYPACT terminate/determine the Contract, if already executed or exclude the TendererBidder/Contractor from future contract award processes. The imposition and duration of the exclusion will be determined by the severity of transgression and determined by the Principal/Owner. Such exclusion may be forever or for a limited period as decided by the Principal/Owner. 2) Forfeiture of EMD/Performance Guarantee/Security Deposit: If the Principal/Owner has disqualified the Tenderer(sBidder(s) from the Tender process prior to the award of the Contract or terminated/determined the Contract or has accrued the right to terminate/determine the Contract according to Article 3(1), the Principal/Owner apart from exercising any legal rights that may have accrued to the Principal/Owner, may in its considered opinion forfeit the entire amount of Xxxxxxx Money Deposit, Performance Guarantee and Security Deposit of the TendererBidder/Contractor.

Appears in 2 contracts

Samples: Rate Contract, Rate Contract

Consequences of Breach. Without prejudice to any rights that may be available to the Principal/Buyer/ Owner under law or the Contract or its established policies and laid down procedures, the Principal/Buyer/ Owner shall have the following rights in case of breach of this Integrity Pact by the Tenderer(s)/Contractor(sBidder(s)/Contractor(s) and the Tenderer/ Bidder/ Contractor accepts and undertakes to respect and uphold the Principal/Buyer/ Owner’s absolute right: 1) a. If the Tenderer(s)/Contractor(sBidder(s)/Contractor(s), either before award or during execution of Contract has committed a transgression through a violation of Article 2 above Caluse4&Caluse 5 above, or in any other form, form such as to put his reliability or credibility in question, the Principal/Owner after Buyer/ Ownerafter giving 14 days notice to the contractor shall have powers to disqualify the Tenderer(s)/ Contractor(sBidder(s)/Contractor(s) from the Tender process or INTEGRITYPACT terminate/determine the Contract, if already executed or exclude the TendererBidder/Contractor from future contract award processes. The imposition and duration of the exclusion will be determined by the severity of transgression and determined by the Principal/Buyer/ Owner. Such exclusion may be forever or for a limited period as decided by the Principal/Buyer/ Owner. 2) b. Forfeiture of EMD/Performance Guarantee/Security Deposit: If the Principal/Buyer/ Owner has disqualified the Tenderer(sBidder(s) from the Tender process prior to the award of the Contract or terminated/determined the Contract or has accrued the right to terminate/determine the Contract according to Article 3(1), the Principal/Owner apart from exercising any legal rights that may have accrued to the Principal/Owner, may in its considered opinion forfeit the entire amount of Xxxxxxx Money Deposit, Performance Guarantee and Security Deposit of the TendererBidder/Contractor.

Appears in 2 contracts

Samples: Integrity Pact, Integrity Pact

Consequences of Breach. Without prejudice to any rights that may be available to the Principal/Buyer/ Owner under law or the Contract or its established policies and laid down procedures, the Principal/Buyer/ Owner shall have the following rights in case of breach of this Integrity Pact by the Tenderer(s)/Contractor(sBidder(s)/Contractor(s) and the Tenderer/ Bidder/ Contractor accepts and undertakes to respect and uphold the Principal/Buyer/ Owner’s absolute right: 1) a. If the Tenderer(s)/Contractor(sBidder(s)/Contractor(s), either before award or during execution of Contract has committed a transgression through a violation of Article 2 above Clause 4 & Clause 5 above, or in any other form, form such as to put his reliability or credibility in question, the Principal/Buyer/ Owner after giving 14 days notice to the contractor shall have powers to disqualify the Tenderer(s)/ Contractor(sBidder(s)/Contractor(s) from the Tender process or INTEGRITYPACT terminate/determine the Contract, if already executed or exclude the TendererBidder/Contractor from future contract award processes. The imposition and duration of the exclusion will be determined by the severity of transgression and determined by the Principal/Buyer/ Owner. Such exclusion may be forever or for a limited period as decided by the Principal/Buyer/ Owner. 2) b. Forfeiture of EMD/Performance Guarantee/Security Deposit: If the Principal/Buyer/ Owner has disqualified the Tenderer(sBidder(s) from the Tender process prior to the award of the Contract or terminated/determined the Contract or has accrued the right to terminate/determine the Contract according to Article 3(1), the Principal/Owner apart from exercising any legal rights that may have accrued to the Principal/Owner, may in its considered opinion forfeit the entire amount of Xxxxxxx Money Deposit, Performance Guarantee and Security Deposit of the TendererBidder/Contractor.

Appears in 2 contracts

Samples: Integrity Pact, Integrity Pact

Consequences of Breach. Without prejudice to any rights that may be available to the Principalprinciple/Owner under law or the Contract or its established policies and laid down procedures, the PrincipalPrinciple/Owner shall have the following rights in case of breach of this Integrity Pact by the Tenderer(s)/Contractor(sBidder(s)/Contractor(s) and the Tenderer/ Bidder Contractor accepts and undertakes to respect and uphold the Principal/Owner’s absolute right: 1) If the Tenderer(s)/Contractor(sBidder(s)/Contractor(s), either before award or during execution of Contract has committed a transgression through a violation of Article 2 above or in any other form, such as to put his reliability or credibility in question, the Principal/Owner after giving 14 days notice to the contractor shall have powers to disqualify the Tenderer(s)/ Contractor(sBidder(s)/Contactor(s) from the Tender process or INTEGRITYPACT terminate/determine the Contractcontract, if already executed or exclude the TendererBidder/Contractor contractor from future contract contract, award processesprocess. The imposition and duration of the exclusion will be determined by the severity of transgression and determined by the Principal/Owner. Such exclusion may be forever or for a limited period as decided by the Principal/Owner. 2) Forfeiture of EMD/Performance Guarantee/Security security Deposit: If the Principal/Owner has disqualified the Tenderer(sBidder(s) from From the Tender process prior to the award Award of the Contract contract or terminated/determined the Contract contract or has accrued the right to terminate/determine the Contract contract according to Article 3(1), the Principal/Owner apart from exercising any legal rights that may have accrued to the Principal/Owner, may in its considered opinion forfeit the entire amount of Xxxxxxx Money Deposit, Performance Guarantee and Security Deposit of the TendererBidder/Contractor.

Appears in 2 contracts

Samples: Notice Inviting Tender, Short Notice Inviting E Tenders

Consequences of Breach. Without prejudice to any rights that may be available to the Principal/Owner under law or the Contract or its established policies and laid down procedures, the Principal/Owner shall have the following rights in case of breach of this Integrity Pact by the Tenderer(s)/Contractor(sBidder(s)/ Contractor(s) and the Tenderer/ Bidder/ Contractor accepts and undertakes to respect and uphold the Principal/Owner’s absolute right: 1) If the Tenderer(s)/Contractor(sBidder(s)/ Contractor(s), either before award or during execution of Contract has committed a transgression through a violation of Article 2 above or in any other form, such as to put his reliability or credibility in question, the Principal/Owner after giving 14 days days’ notice to the contractor shall have powers to disqualify the Tenderer(s)/ Contractor(sBidder(s)/Contractor(s) from the Tender process or INTEGRITYPACT terminate/determine the Contract, if already executed or exclude the TendererBidder/Contractor from future contract award processes. The imposition and duration of the exclusion will be determined by the severity of transgression and determined by the Principal/Owner. Such exclusion may be forever or for a limited period as decided by the Principal/Owner. 2) Forfeiture of EMD/Performance Guarantee/Security Deposit: If the Principal/Principal/ Owner has disqualified the Tenderer(sBidder(s) from the Tender process prior to the award of the Contract or terminated/determined the Contract or has accrued the right to terminate/determine the Contract according to Article 3(1), the Principal/Owner apart from exercising any legal rights that may have accrued to the Principal/Owner, may in its considered opinion forfeit the entire amount of Xxxxxxx Money Deposit, Performance Guarantee and Security Deposit of the TendererBidder/Contractor.

Appears in 1 contract

Samples: Integrity Agreement

Consequences of Breach. Without prejudice to any rights that may be available to the Principal/Owner under law or the Contract or its established policies and laid down procedures, the Principal/Owner shall have the following rights in case of breach of this Integrity Pact by the Tenderer(s)/Contractor(sBidder(s)/Contractor(s) and the Tenderer/ Contractor bidder/contractor accepts and undertakes to respect and uphold the Principal/Owner’s absolute right: 1) . If the Tenderer(s)/Contractor(sBidder(s)/Contractor(s), either before award or during execution of Contract has committed a transgression through a violation of Article 2 above or in any other form, such as to put his reliability or credibility in question, the Principal/Owner after giving 14 days days’ notice to the contractor shall have powers to disqualify the Tenderer(s)/ Contractor(sBidder(s)/Contractor(s) from the Tender tender process or INTEGRITYPACT terminate/determine the Contract, if already executed or exclude the TendererBidder/Contractor from future contract award processes. The imposition and duration of the exclusion will be determined by the severity of transgression and determined by the Principal/Owner. Such exclusion may be forever or for a limited period as decided by the Principal/Owner. 2) . Forfeiture of EMD/Performance Guarantee/Security Deposit: If the Principal/Owner has disqualified the Tenderer(sBidder(s) from the Tender tender process prior to the award of the Contract contract or terminated/determined the Contract contract or has accrued the right to terminate/determine the Contract contract according to Article 3(1), the Principal/Owner apart from exercising any legal rights that may have accrued to the Principal/Owner, may in its considered opinion forfeit the entire amount of Xxxxxxx Money Deposit, Performance Guarantee and Security Deposit of the TendererBidder/Contractor.

Appears in 1 contract

Samples: Integrity Agreement

Consequences of Breach. Without prejudice to any rights that may be available to the Principal/Owner under law or the Contract or its established policies and laid down procedures, the Principal/Owner shall have the following rights in case of breach of this Integrity Pact by the Tenderer(s)/Contractor(sBidder(s)/Contractor(s) and the Tenderer/ Bidder/ Contractor accepts and undertakes to respect and uphold the Principal/Owner’s absolute right: (1) If the Tenderer(s)/Contractor(sBidder(s)/Contractor(s), either before award or during execution of Contract has committed a transgression through a violation of Article 2 above or in any other form, such as to put his reliability or credibility in question, the Principal/Owner after giving 14 days notice to the contractor shall have powers to disqualify the Tenderer(s)/ Contractor(sBidder(s)/Contractor(s) from the Tender process or INTEGRITYPACT terminate/determine the Contract, if already executed or exclude the TendererBidder/Contractor from future contract award processes. The imposition and duration of the exclusion will be determined by the severity of transgression and determined by the Principal/Owner. Such exclusion may be forever or for a limited period as decided by the Principal/Owner. (2) Forfeiture of EMD/Performance Guarantee/Security Deposit: If the Principal/Owner has disqualified the Tenderer(sBidder(s) from the Tender process prior to the award of the Contract or terminated/determined the Contract or has accrued the right to terminate/determine the Contract according to Article 3(1), the Principal/Owner apart from exercising any legal rights that may have accrued to the Principal/Owner, may in its considered opinion forfeit the entire amount of Xxxxxxx Money Deposit, Performance Guarantee and Security Deposit of the TendererBidder/Contractor.

Appears in 1 contract

Samples: Technical Tender Forms

Consequences of Breach. Without prejudice to any rights that may be available to the Principal/Owner Principal /Owner under law or the Contract or its established policies and laid down procedures, the Principal/Owner shall have the following rights in case of breach of this Integrity Pact by the Tenderer(s)/Contractor(sBidder(s)/Contractor(s) and the Tenderer/ Bidder/ Contractor accepts and undertakes to respect and uphold the Principal/Owner’s absolute right: 1) If the Tenderer(s)/Contractor(sBidder(s)/Contractor(s), either before award or during execution of Contract has committed a transgression through a violation of Article 2 above or in any other form, such as to put his reliability or credibility in question, the Principal/Owner after giving 14 days days’ notice to the contractor shall have powers to disqualify the Tenderer(s)/ Contractor(sBidder(s)/Contractor(s) from the Tender process or INTEGRITYPACT terminate/determine the Contract, if already executed or exclude the TendererBidder/Contractor from future contract award processes. The imposition and duration of the exclusion will be determined by the severity of transgression and determined by the Principal/Owner. Such exclusion may be forever or for a limited period as decided by the Principal/Owner. 2) Forfeiture of EMD/Performance Guarantee/Security Deposit: If the Principal/Owner has disqualified the Tenderer(sBidder(s) from the Tender process prior to the award of the Contract or terminated/determined the Contract or has accrued the right to terminate/determine the Contract according to Article 3(1), the Principal/Owner apart from exercising any legal rights that may have accrued to the Principal/Owner, may in its considered opinion forfeit the entire amount of Xxxxxxx Money Deposit, Performance Guarantee and Security Deposit of the TendererBidder/Contractor.

Appears in 1 contract

Samples: Integrity Agreement

Consequences of Breach. Without prejudice to any rights that may be available to the Principal/Owner under law or the Contract or its established policies and laid down procedures, the Principal/Owner shall have the following rights in case of breach of this Integrity Pact by the Tenderer(s)/Contractor(s) Vendor(s)/ and the Tenderer/ Contractor Vendor accepts and undertakes to respect and uphold the Principal/Owner’s absolute right: 1) . If the Tenderer(s)/Contractor(s)Vendor(s)/, either before award or during execution of Contract has committed a transgression through a violation of Article 2 above or in any other form, such as to put his reliability or credibility in question, the Principal/Owner after giving 14 days days’ notice to the contractor Vendor shall have powers to disqualify the Tenderer(s)/ Contractor(s) Vendor(s)/ from the Tender process or INTEGRITYPACT terminate/determine the Contract, if already executed or exclude the Tenderer/Contractor Vendor from future contract award processes. The imposition and duration of the exclusion will be determined by the severity of transgression and determined by the Principal/Owner. Such exclusion may be forever or for a limited period as decided by the Principal/Owner. 2. To immediately call off the pre contract negotiations without assigning any reason or giving any compensation to the VENDOR. However, the proceedings with the other VENDOR(s) would continue. a) The Xxxxxxx Money Deposit (in pre-contract stage) and/or Performance Security (after the contract is signed) shall stand forfeited either fully or partially, as decided by the BUYER and the BUYER shall not be requiring to assign any reason therefore. b) To immediately cancel the contract, if already signed, without giving any compensation to the VENDOR. c) To recover all sums already paid by the BUYER, and in case of an Indian VENDOR with interest thereon at 2% higher than the prevailing Prime Lending Rate of State Bank of India, while in case of a VENDOR from a country other than India with interest thereon at 2% higher than the LIBOR. If any outstanding payment is due to the VENDOR from the BUYER in connection with any other contract for any other stores, such outstanding payment could also be utilized to recover the aforesaid sum and interest. d) To encash the advance bank guarantee and performance bond/warranty bond, if furnished by the VENDOR, in order to recover the payments, already made by the BUYER, along with interest. e) To cancel all or any other Contracts with the VENDOR. The VENDOR shall be liable to pay compensation for any loss or damage to the BUYER resulting from such cancellation / rescission and the BUYER shall be entitled to deduct the amount so payable from the money(s) due to the VENDOR. f) To debar the VENDOR from participating in future bidding processes of the Government of India for a minimum period of five years, which may be further extended at the discretion of the BUYER. g) To recover all sums paid in violation of this Pact by XXXXXX(s) to any middleman or agent or broker with a view to securing the contract. h) In cases where irrevocable Letters of Credit have been received in respect of any contract signed by the BUYER with the VENDOR, the same shall not be opened. i) Forfeiture of EMDPerformance Bond/Performance Guarantee/Security Deposit: If Bank Guarantee in case of a decision by the Principal/Owner has disqualified BUYER to forfeit the Tenderer(s) from the Tender process prior same without assigning any reason for imposing sanction for violation of this Pact. 3. The BUYER will be entitled to the award take all or any of the Contract or terminated/determined the Contract or has accrued the right to terminate/determine the Contract according to Article 3(1), the Principal/Owner apart from exercising any legal rights that may have accrued to the Principal/Owner, may in its considered opinion forfeit the entire amount of Xxxxxxx Money Deposit, Performance Guarantee and Security Deposit of the Tenderer/Contractor.actions mentioned at para 3.2 (i) to

Appears in 1 contract

Samples: Integrity Agreement

Consequences of Breach. Without prejudice to any rights that may be available to the Principal/Owner under law or the Contract or its established policies and laid down procedures, the Principal/Principal / Owner shall have the following rights in case of breach of this Integrity Pact by the Tenderer(s)/Contractor(sBidder(s)/Contractor(s) and the Tenderer/ Bidder / Contractor accepts and undertakes to respect and uphold the Principal/Owner’s Principal / Owners absolute right: 1) . If the Tenderer(s)/Contractor(sBidder (s)/Contractor(s), either before award or during execution of Contract has committed a transgression through a violation of Article 2 above or in any other form, such as to put his reliability or credibility in question, the Principal/Owner after giving 14 days notice to the contractor shall have powers to disqualify the Tenderer(s)/ Contractor(sBidder(s)/Contractor(s) from the Tender process or INTEGRITYPACT terminate/determine terminate /determine the Contract, if already executed or exclude the TendererBidder/Contractor from future contract award processes. The imposition and duration of the exclusion will be determined by the severity of transgression and determined by the Principal/Principal / Owner. Such exclusion may be forever or for a limited period as decided by the Principal/Owner. 2) . Forfeiture of EMD/EMD / Performance Guarantee/Guarantee / Security Deposit: If the Principal/Owner has disqualified the Tenderer(sBidder(s) from the Tender process prior to the award of the Contract or terminated/determined the Contract or has accrued the right to terminate/determine the Contract according to Article 3(1), the Principal/Owner apart from exercising any legal rights that may have accrued to the Principal/Owner, may in its considered opinion forfeit the entire amount of Xxxxxxx Money Deposit, Performance Guarantee and Security Deposit of the Tenderer/Bidder / Contractor.

Appears in 1 contract

Samples: E Tender Agreement

Consequences of Breach. Without prejudice to any rights that may be available to the Principal/Owner under law or the Contract or its established policies and laid down procedures, the Principal/Owner shall have the following rights in case of breach of this Integrity Pact by the Tenderer(s)/Contractor(s) Vendor(s)/ and the Tenderer/ Contractor Vendor accepts and undertakes to respect and uphold the Principal/Owner’s absolute right: 1) . If the Tenderer(s)/Contractor(s)Vendor(s)/, either before award or during execution of Contract has committed a transgression through a violation of Article 2 above or in any other form, such as to put his reliability or credibility in question, the Principal/Owner after giving 14 days days’ notice to the contractor Vendor shall have powers to disqualify the Tenderer(s)/ Contractor(s) Vendor(s)/ from the Tender process or INTEGRITYPACT terminate/determine the Contract, if already executed or exclude the Tenderer/Contractor Vendor from future contract award processes. The imposition and duration of the exclusion will be determined by the severity of transgression and determined by the Principal/Owner. Such exclusion may be forever or for a limited period as decided by the Principal/Owner. 2. To immediately call off the pre contract negotiations without assigning any reason or giving any compensation to the VENDOR. However, the proceedings with the other VENDOR(s) would continue. I. The Xxxxxxx Money Deposit (in pre-contract stage) and/or Performance Security (after the contract is signed) shall stand forfeited either fully or partially, as decided by the BUYER and the BUYER shall not be requiring to assign any reason therefore. II. To immediately cancel the contract, if already signed, without giving any compensation to the VENDOR. III. To encash the advance bank guarantee and performance bond/warranty bond, if furnished by the VENDOR, in order to recover the payments, already made by the BUYER, along with interest. IV. To recover all sums paid in violation of this Pact by XXXXXX(s) to any middleman or agent or broker with a view to securing the contract. V. In cases where irrevocable Letters of Credit have been received in respect of any contract signed by the BUYER with the VENDOR, the same shall not be opened. VI. Forfeiture of EMDPerformance Bond/Performance Guarantee/Security Deposit: If Bank Guarantee in case of a decision by the Principal/Owner has disqualified the Tenderer(s) from the Tender process prior BUYER to the award of the Contract or terminated/determined the Contract or has accrued the right to terminate/determine the Contract according to Article 3(1), the Principal/Owner apart from exercising any legal rights that may have accrued to the Principal/Owner, may in its considered opinion forfeit the entire amount same without assigning any reason for imposing sanction for violation of Xxxxxxx Money Deposit, Performance Guarantee and Security Deposit of the Tenderer/Contractorthis Pact.

Appears in 1 contract

Samples: Integrity Pact

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Consequences of Breach. Without prejudice to any rights that may be available to the Principal/Owner under law or the Contract or its established policies and laid down procedures, the Principal/Owner shall have the following rights in case of breach of this Integrity Pact by the Tenderer(s)/Contractor(sBidder(s)/Contractor(s) and the Tenderer/ Bidder/ Contractor accepts and undertakes to respect and uphold the Principal/Owner’s absolute right: (1) If the Tenderer(s)/Contractor(sBidder(s)/Contractor(s), either before award or during execution of Contract has committed a transgression through a violation of Article 2 above or in any other form, such as to put his reliability or credibility in question, the Principal/Owner after giving 14 days days’ notice to the contractor shall have powers to disqualify the Tenderer(s)/ Contractor(sBidder(s)/Contractor(s) from the Tender process or INTEGRITYPACT terminate/determine the Contract, if already executed or exclude the TendererBidder/Contractor from future contract award processes. The imposition and duration of the exclusion will be determined by the severity of transgression and determined by the Principal/Owner. Such exclusion may be forever or for a limited period as decided by the Principal/Owner. (2) Forfeiture of EMD/Performance Guarantee/Security Deposit: If the Principal/Owner has disqualified the Tenderer(sBidder(s) from the Tender process prior to the award of the Contract or terminated/determined the Contract or has accrued the right to terminate/determine the Contract according to Article 3(1), the Principal/Owner apart from exercising any legal rights that may have accrued to the Principal/Owner, may in its considered opinion forfeit the entire amount of Xxxxxxx Money Deposit, Performance Guarantee and Security Deposit of the TendererBidder/Contractor.

Appears in 1 contract

Samples: Civil Maintenance Contract

Consequences of Breach. Without prejudice to any rights that may be available to the Principal/Owner under law or the Contract or its established policies and laid down procedures, the Principal/Owner shall have the following Following rights in case of breach of this Integrity Pact by the Tenderer(s)/Contractor(sBidder(s)/Contractor(s) and the Tenderer/ Bidder/ Contractor accepts and undertakes to respect and uphold the Principal/Owner’s absolute right: 1) . If the Tenderer(s)/Contractor(sBidder(s)/Contractor(s), either before award or during execution of Contract has committed a transgression through a violation of Article 2 above or in any other form, such as to put his reliability or credibility in question, the Principal/Owner after giving 14 days notice to the contractor shall have powers to disqualify the Tenderer(s)/ Contractor(sBidder(s)/Contractor(s) from the Tender process or INTEGRITYPACT terminate/determine the Contract, if already executed or exclude the TendererBidder/Contractor from future contract award processes. The imposition and duration of the exclusion will be determined by the severity of transgression and determined by the Principal/Owner. Such exclusion may be forever or for a limited period as decided by the Principal/Owner. 2) . Forfeiture of EMD/Performance Guarantee/Security Deposit: If the Principal/Owner has disqualified the Tenderer(sBidder(s) from the Tender process prior to the award of the Contract or terminated/determined the Contract or has accrued the right to terminate/determine the Contract according to Article 3(1), the Principal/Owner apart from exercising any legal rights that may have accrued to the Principal/Owner, may in its considered opinion forfeit the entire amount of Xxxxxxx Money Deposit, Performance Guarantee and Security Deposit of the TendererBidder/Contractor.

Appears in 1 contract

Samples: Annual Maintenance Contract (Amc)

Consequences of Breach. Without prejudice to any rights that may be available to the Principal/Owner Principal /Owner under law or the Contract or its established policies and laid down procedures, the Principal/Owner shall have the following rights in case of breach of this Integrity Pact by the Tenderer(s)/Contractor(sBidder(s)/Contractor(s) and the Tenderer/ Bidder/ Contractor accepts and undertakes to respect and uphold the Principal/Owner’s absolute right: 1) If the Tenderer(s)/Contractor(sBidder(s)/Contractor(s), either before award or during execution of Contract has committed a transgression through a violation of Article 2 above or in any other form, such as to put his reliability or credibility in question, the Principal/Owner after giving 14 days notice to the contractor shall have powers to disqualify the Tenderer(s)/ Contractor(sBidder(s)/Contractor(s) from the Tender process or INTEGRITYPACT terminate/determine the Contract, if already executed or exclude the TendererBidder/Contractor from future contract award processes. The imposition and duration of the exclusion will be determined by the severity of transgression and determined by the Principal/Owner. Such exclusion may be forever or for a limited period as decided by the Principal/Owner. 2) Forfeiture of EMD/Performance Guarantee/Security Deposit: If the Principal/Owner has disqualified the Tenderer(sBidder(s) from the Tender process prior to the award of the Contract or terminated/determined the Contract or has accrued the right to terminate/determine the Contract according to Article 3(1), the Principal/Owner apart from exercising any legal rights that may have accrued to the Principal/Owner, may in its considered opinion forfeit the entire amount of Xxxxxxx Money Deposit, Performance Guarantee and Security Deposit of the TendererBidder/Contractor.

Appears in 1 contract

Samples: Annual Maintenance Contract

Consequences of Breach. Without prejudice to any rights that may be available to the Principal/Owner under law or the Contract or its established policies and laid down procedures, the Principal/Owner shall have the following rights in case of breach of this Integrity Pact by the Tenderer(s)/Contractor(sBidder(s)/Contractor(s) and the Tenderer/ Bidder/ Contractor accepts and undertakes to respect and uphold the Principal/Owner’s absolute right: 1) . If the Tenderer(s)/Contractor(sBidder(s)/Contractor(s), either before award or during execution of Contract has committed a transgression through a violation of Article 2 above or in any other form, such as to put his reliability or credibility in question, the Principal/Owner after giving 14 days days’ notice to the contractor shall have powers to disqualify the Tenderer(s)/ Contractor(sBidder(s)/Contractor(s) from the Tender process or INTEGRITYPACT terminate/determine the Contract, if already executed or exclude the TendererBidder/Contractor from future contract award processes. .The imposition and duration of the exclusion will be determined by the severity of transgression and determined by the Principal/Owner. Such exclusion may be forever or for a limited period as decided by the Principal/Owner. 2) . Forfeiture of EMD/Performance Guarantee/Security Deposit: If the Principal/Owner has disqualified the Tenderer(sBidder(s) from the Tender process prior to the award of the Contract or terminated/determined the Contract or has accrued the right to terminate/determine the Contract according to Article 3(1), the Principal/Owner apart from exercising any legal rights that may have accrued to the Principal/Owner, may in its considered opinion forfeit the entire amount of Xxxxxxx Money Deposit, Performance Guarantee and Security Deposit of the TendererBidder/Contractor.

Appears in 1 contract

Samples: Integrity Pact Agreement

Consequences of Breach. Without prejudice to any rights that may be available to the Principal/Owner under law or the Contract or its established policies and laid down procedures, the Principal/Owner shall have the following rights in case of breach of this Integrity Pact by the Tenderer(s)/Contractor(s) and the Tenderer/ Contractor accepts and undertakes to respect and uphold the Principal/Owner’s Owner‟s absolute right: 1) If the Tenderer(s)/Contractor(s), either before award or during execution of Contract has committed a transgression through a violation of Article 2 above or in any other form, such as to put his reliability or credibility in question, the Principal/Owner after giving 14 days notice to the contractor shall have powers to disqualify the Tenderer(s)/ Contractor(s) from the Tender process or INTEGRITYPACT INTEGRITY PACT terminate/determine the Contract, if already executed or exclude the Tenderer/Contractor from future contract award processes. The imposition and duration of the exclusion will be determined by the severity of transgression and determined by the Principal/Owner. Such exclusion may be forever or for a limited period as decided by the Principal/Owner. 2) Forfeiture of EMD/Performance Guarantee/Security Deposit: If the Principal/Owner has disqualified the Tenderer(s) from the Tender process prior to the award of the Contract or terminated/determined the Contract or has accrued the right to terminate/determine the Contract according to Article 3(1), the Principal/Owner apart from exercising any legal rights that may have accrued to the Principal/Owner, may in its considered opinion forfeit the entire amount of Xxxxxxx Money Deposit, Performance Guarantee and Security Deposit of the Tenderer/Contractor.

Appears in 1 contract

Samples: Annual Operation & Maintenance Contract

Consequences of Breach. Without prejudice to any rights that may be available to the Principal/Owner under law or the Contract or its established policies and laid down procedures, the Principal/Owner shall have the following rights in case of breach of this Integrity Pact by the Tenderer(s)/Contractor(sBidder(s)/Contractor(s) and the Tenderer/ Bidder/ Contractor accepts and undertakes to respect and uphold the Principal/Owner’s absolute right: 1) : If the Tenderer(s)/Contractor(sBidder(s)/Contractor(s), either before award or during execution of Contract has committed a transgression through a violation of Article 2 above or in any other form, such as to put his reliability or credibility in question, the Principal/Owner after giving 14 days notice to the contractor shall have powers to disqualify the Tenderer(s)/ Contractor(sBidder(s)/Contractor(s) from the Tender process or INTEGRITYPACT terminate/determine the Contract, if already executed or exclude the TendererBidder/Contractor from future contract award processes. The imposition and duration of the exclusion will be determined by the severity of transgression and determined by the Principal/Owner. Such exclusion may be forever or for a limited period as decided by the Principal/Owner. 2) . Forfeiture of EMD/Performance Guarantee/Security Deposit: If the Principal/Owner has disqualified the Tenderer(sBidder(s) from the Tender process prior to the award of the Contract or terminated/determined the Contract or has accrued the right to terminate/determine the Contract according to Article 3(1), the Principal/Owner apart from exercising any legal rights that may have accrued to the Principal/Owner, may in its considered opinion forfeit the entire amount of Xxxxxxx Money Deposit, Performance Guarantee and Security Deposit of the TendererBidder/Contractor.

Appears in 1 contract

Samples: Integrity Agreement

Consequences of Breach. Without prejudice to any rights that may be available to the Principal/Owner under law or the Contract or its established policies and laid down procedures, the Principal/Owner shall have the following rights in case of breach of this Integrity Pact by the Tenderer(s)/Contractor(sBidder(s)/Contractor(s) and the Tenderer/ Bidder/ Contractor accepts and undertakes to respect and uphold the Principal/Owner’s absolute right: 1) If the Tenderer(s)/Contractor(sBidder(s)/Contractor(s), either before award or during execution of Contract has committed a transgression through a violation of Article 2 above or in any other form, such as to put his reliability or credibility in question, the Principal/Owner after giving 14 days notice to the contractor shall have powers to disqualify the Tenderer(s)/ Bidder(s)/ Contractor(s) from the Tender process or INTEGRITYPACT terminate/determine the Contract, if already executed or exclude the TendererBidder/Contractor from future contract award processes. The imposition and duration of the exclusion will be determined by the severity of transgression and determined by the Principal/Owner. Such exclusion may be forever or for a limited period as decided by the Principal/Owner. 2) Forfeiture of EMD/Performance Guarantee/Security Deposit: If the Principal/Owner has disqualified the Tenderer(sBidder(s) from the Tender process prior to the award of the Contract or terminated/determined the Contract or has accrued the right to terminate/determine the Contract according to Article 3(1), the Principal/Owner apart from exercising any legal rights that may have accrued to the Principal/Owner, may in its considered opinion forfeit the entire amount of Xxxxxxx Money Deposit, Performance Guarantee and Security Deposit of the TendererBidder/Contractor.

Appears in 1 contract

Samples: Tender & Contract for Works

Consequences of Breach. Without prejudice to any rights that may be available to the Principal/Owner under law or the Contract or its established policies and laid down procedures, the Principal/Owner shall have the following rights in case of breach of this Integrity Pact by the Tenderer(s)/Contractor(sBidder(s)/Contractor(s) and the Tenderer/ Bidder/ Contractor accepts and undertakes to respect and uphold the Principal/Owner’s absolute right: 1) If the Tenderer(s)/Contractor(sBidder(s)/Contractor(s), either before award or during execution of Contract has committed a transgression through a violation of Article 2 above or in any other form, such as to put his reliability or credibility in question, the Principal/Owner after giving 14 days notice to the contractor shall have powers to disqualify the Tenderer(s)/ Bidder(s)/ Contractor(s) from the Tender process or INTEGRITYPACT terminate/determine the Contract, if already executed or exclude the TendererBidder/Contractor from future contract award processes. The imposition and duration of the exclusion will be determined by the severity of transgression and determined by the Principal/Owner. Such exclusion may be forever or for a limited period as decided by the Principal/Owner. 2) Forfeiture of EMD/Performance Guarantee/Security Deposit: If the Principal/Principal / Owner has disqualified the Tenderer(sBidder(s) from the Tender process prior to the award of the Contract or terminated/determined the Contract or has accrued the right to terminate/determine the Contract according to Article 3(1), the Principal/Principal / Owner apart from exercising any legal rights that may have accrued to the Principal/Owner, may in its considered opinion forfeit the entire amount of Xxxxxxx Money Deposit, Performance Guarantee and Security Deposit of the TendererBidder/Contractor.

Appears in 1 contract

Samples: Notice Inviting E Tender

Consequences of Breach. Without prejudice to any rights that may be available to the Principal/Owner Principal under law or the Contract or its established policies and laid down procedures, the Principal/Owner Principal/ shall have the following rights in case of breach of this Integrity Pact by the Tenderer(s)/Contractor(sBidder(s)/Contractor(s) and the Tenderer/ Bidder/ Contractor accepts and undertakes to respect and uphold the Principal/Owner’s 's absolute right: 1) . If the Tenderer(s)/Contractor(sBidder(s)/Contractor(s), either before award or during execution of Contract or during the validity of the Integrity Pact has committed a transgression through a violation of Article 2 above or in any other form, such as to put his reliability or credibility in question, the Principal/Owner Principal at its sole discretion after giving 14 days notice proper opportunity to the contractor Bidder(s)/Contractor(s) shall have powers to disqualify the Tenderer(s)/ Contractor(sBidder(s)/Contractor(s) from the Tender process or INTEGRITYPACT terminate/determine the Contract, if already executed or exclude the TendererBidder/Contractor from future contract award processesprocesses for that reason, without prejudice to any other legal rights or remedies available to the Principal under the relevant provisions of the Tender/Contract. The imposition and duration of the exclusion will be determined by the severity of transgression and determined by the Principal/Owner. Such exclusion may be forever or for a limited period as decided by the Principal/Owner. 2) . Forfeiture of EMD/Performance Guarantee/Security Deposit: If the Principal/Owner Principal has disqualified the Tenderer(sBidder(s) from the Tender process prior to the award of the Contract or terminated/determined the Contract or has accrued the right to terminate/determine the Contract according to Article 3(1), the Principal/Owner Principal apart from exercising any legal rights that may have accrued to the Principal/Owner, may in its considered opinion forfeit the entire amount of Xxxxxxx Money Deposit, Performance Guarantee and Security Deposit of the TendererBidder/Contractor.

Appears in 1 contract

Samples: Amendment to Construction Contract

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